This means that there should not be any outstanding defects at the completion date on a ProCure21+ project. Defects include:

  • defective design/materials/workmanship;
  • any items included on what are referred to as “snagging lists”;
  • failure to provide copies of as-built drawings, warranties, operating manuals etc.

It is important to note that a failure to address those items that are required to be included in the Health and Safety File may leave the parties at risk of challenge for a failure to comply with the requirements of the Construction (Design and Management) Regulations 2007.

This requirement is included in the Works Information because the rectification of defects after completion can disrupt the provision of healthcare within the NHS facilities affected, the degree of which is dependent on the type of healthcare services being provided within them. Any disruption to the provision of healthcare services not only inconveniences patients but may also result in an NHS client losing income for the clinical activities affected.

There is no provision in the NEC3 ECC for the rectification of defects identified prior to completion to be rectified after the facility has been handed over and occupied.

The ProCure21+ framework requires that the PSCP certifies there are no defects in work offered up for handover (see ProCure21+ Pro Forma 16) or completion. See also Additional Condition of Contract Z19 amending NEC3 ECC clause 43.2.

It is essential that PSCPs are aware that the work to be done by completion is stated in Works Information 6.2(ii) and includes:

  • Construction of the building and its services;
  • External work;
  • Commissioning of Plant and other installed equipment;
  • Handover of maintenance and operation manuals and supplier’s/manufacturer’s guarantees and warranties
  • Operator training;
  • Security systems proving and certification;
  • Interior decorations and furnishings;
  • Handover.

Handover requires the PSCP to rectify defects notified on inspections by the supervisor prior to the PSCP presenting the works for handover acceptance. Priority would be given to rectification of defects that could affect security of the scheme in use, or require access to patient-occupied areas.

In the event that an NHS client offers to accept their facility and occupy it with defects outstanding at completion, a PSCP should ensure that the NHS client is made fully aware of the potential impact of any remedial works, undertaken thereafter, on the delivery of healthcare services.

It is also important for a PSCP to identify costs or other impact on the NHS client of any such proposal. This will enable the NHS client and PSCP to make an informed decision as to whether to leave any defects outstanding for rectification until after completion.

If a PSCP does not achieve the state of zero defects at completion, risks to which they expose themselves may include:

  • Imposition of delay damages where they are provided for in the contract.
  • Recovery of indirect and consequential costs that are incurred by the NHS client in respect of providing access to occupied areas to complete any investigations or remedial works. Such costs may include:
    • charges incurred as a result of not being able to decant other facilities;
    • costs associated with suspending or transferring the delivery of healthcare;
    • additional escort costs incurred for operatives, patients, etc to provide access to the PSCP for remedial works to be undertaken in respect of facilities.